Davis v. State (2009)

In Davis v. State, 278 S.W.3d 346 (Tex. Crim. App. 2009), the court of criminal appeals discussed the appropriate analysis for an ineffective assistance claim in which defense counsel failed to request an accomplice-witness instruction. 278 S.W.3d at 352-53. The court held that the issue of prejudice "will generally turn on whether there was a substantial amount of non-accomplice evidence and whether the record reveals any rational basis on which the jury could have doubted or disregarded that evidence." Id. at 353.